Chapter 21 Employment Discrimination Flashcards
Title 7 of Civil Rights Act prohibits discrimination applies to
- Employers/Labor unions of 15 or more
- Most federal government employment
- Labor Unions that operate hiring halls
True of or false, discrimination has to be intentional.
False
Disparate Treatment Discrimination is also known as
Intentional discrimination
A Prima Facie (At first Site) discrimination case is presumed to be true unless contradicted and it requires a plaintiff show all of these 4
- Plaintiff is a protected Class
- Plaintiff applied and qualified for job in question
- Plaintiff was rejected by employer
- Employer continued to seek applicants or filled the position with a person not in a protected class
These Cases can be rebutted by employer
Prima Facie Cases
Constructive Discharge
When work environment is so hostile that it results in a person quitting as though they were discharged
Disparate-impact Discrimination is
When a protected group is adversely affected by practices, procedures, or tests
2 ways to demonstrate disparate impact discrimination
- Pool of applicants
2. Rate of Hiring - 4/5th rule - if one group has a pass rate 4/5ths as good as the other group
True or false, Quotas are discriminatory?
True
Prima Facie Case can be rebutted by employer showing the examination is
Job Related
2 Affirmative defenses of employers
- have taken reasonable care to prevent and promptly correct any sexually harassing behavior (i.e. effective harassment policies and complaint procedures)
- employee unreasonably failed to follow policies and procedures
If supervisor is harasser
Employer is automatically liable
If harasser is not supervisor, its a negligence case
-Have to show the company knew or should have known of the behavior
2 Components of Age Discrimination
- Threshold of 40 years
2. Applicable to employers of 20 or more
Elements of ADEA discharge claim
Burden is on employer
- member of protected age group
- Qualified for position from which they were discharged
- Discharged because of age discrimination
Employers with regard to disability discrimination:
Reasonable accommodation without undue hardship
During pre-employment exams, Employers cant ask anything that would
Lead to disclosure of a disability
Correctable disabilities
can’t sue if poor site can be corrected by glasses
Lilly Ledbetter Fair pay act
Made discriminatory wages actionable under federal law regardless of when the discrimination began
2 characteristics of lilly ledbetter fair pay act
Can’t go back more than 2 years
Resets every pay period
tangible employment action
A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position.
Remedies under title 7
- Reinstatement,
- Back Pay,
- Retroactive Promotions
- Damages
Bonafide Occupational Qualifications are
not a defense to discrimination based on race or color
Woman helping women dress in dressing room
